If you read the press releases from the offshore jurisdictions that signed TIEAs, you?ll come away believing that they may be invoked only in the event of probable cause of tax fraud by a particular taxpayer. But that?s not what most of the treaties actually say. Instead, most TIEAs state that any information ?foreseeably relevant or material to United States federal tax administration and enforcement with respect to the person identified? for investigation must be turned over to the IRS.
Not ?probable cause? of a criminal or even civil tax offense. Not even ?reasonable suspicion.? Merely ?foreseeably relevant.? U.S. courts have interpreted this authority as permitting TIEA information requests ?even if the United States has no tax interest and no claim for U.S. taxes are potentially due and owing.? In other words, fishing expeditions into offshore accounts are explicitly permitted. The potential for abuse is obvious.
Nations That Have Already Given In
TIEAs are now in effect with Antigua & Barbuda, Aruba, the Bahamas, Barbados, Bermuda, the British Virgin Islands, the Cayman Islands, Costa Rica, Dominica, Dominican Republic, Grenada, Guernsey, Guyana, Honduras, the Isle of Man, Jersey, the Marshall Islands, Mexico, Peru, St. Lucia, and Trinidad & Tobago. In a handful of these countries, including Mexico and Barbados, ordinary tax treaties are in effect, but in most jurisdictions ?encouraged? to sign TIEAs, information flows only one way?to the U.S.
Austria, Liechtenstein and Panama haven't signed. (Switzerland has consented to a TIEA-like addition to the U.S.-Swiss tax treaty, but its terms are far more restrictive than typical TIEAs.) While pressure continues on these countries, and others, such as the United Arab Emirates, to ratify TIEAs, these jurisdictions have the diplomatic and financial clout to avoid being intimidated by the U.S.